Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-02

NYING TIE WRIT OF xRRoR-No HOPE FOE rHR
coNDENSRD MEN UNLESS TIE GOVERNOR nrHR-
PERKs.
Justice Waite announced the decision of the court
In the case q the condemned Chicago anarchists,
rlfusing to grant the petition in their behalf for
writ OF error This closes the last legal resource OF
the condemned men.
The announcement was expected by the public,
ana the courtroom was crowded, as It has been
cachday the anarchist cases have been under con.
sideration. MI. Tucker and Mr. Salomon, counsel
for the prisoners. and Mr.. Hunt, the attorney
general for the State Of Illinois, were present, and
three minutes late in entering the room. Almost
sace q haa taken their seats the Snf
clos up 70 the desk before him, where he laid
nttie piie OF manuscript. He then stated that the
ion in the matter OF the petition for q writ
ana oshers there was " perfect ns. snencs
present leaned forward with hand to an ear 70
catch every word OF the announcement. The
CnieI JaSuSe proceeded with the reading o. me de.
more than hall An hour to nnish the reading.
POINTS OF THE DECISION.
He nrst stated IN brief how the case came be-
fore the court, and reviewed the points raised by
the counsel for the prisoners in their briefs and in
ae
decide as TO their Jurisdiction. AS to the claim OF
tne counsel for the petitioners that they had been
1s sns ssass IN tSs
nrst ten amendments, OF trial by an
impartial jury, the court had hel on several occa-
tuition were limitations upon the Federal Govern.
ment and not upon the Sta,es. Therefore the jury
laws OF Illinois were not In Violation OF the Consti
nhrfd 2 fhav ,rNxl,rp nfrff
The ju laws OF Illinois were similar 10 those Of
New York, Michigan, and several other States
which had b en- in practice for years. and were
held BY the Supreme Courts OF the states to be
constitutional.
Cases In point were cited in which 1t had been
held that the e laws were constitutional
AS 10 THE INcoxPRTENcY OF THE JURORS,
Denker and Sanford, as alleged by the petitioners
the court held that there was nothing In the re-
cord to snow that the court should have rejected
them.
TO warrant the granting OF a writ Of error on the
grounds OF the tncompetency OF Juror II must be
shown that the defense had no peremptory chal-
lenges left at the time the Juror was selected, or
the jury for cause The examination Of Juror Ten.
ker as given In the record was embodied in the
decision TO show just the manner In which he was
while the defense had more than q hundred and
forty peremptory challenges they did not exercise
this right, but virtually accepted Denker uron tue
trial courts overrulinN this objection for cause
The law OF Illinois permitted the acceptance OF q
juror as impartial when he declared under oath
that he thought he could decide the case upon the
evidence presented II the court believed him. The
record Of the examination Of Denker showed thai
he had made this declar tton and that the court
warrant lor the supreme Court TO interfere.
The Juror Sanford, to whom objection had
been made Was selected after the deiense had ex-
had challenged him for cause because they could
not have hum rejected otherwise.
The Cnief Justice read IRON the record OF the
q I'M n VHo Rf md
oecided that there was nothing In 1t TO saow that
he was not competent juror according 10 the
a 2. ss sss ssn
had computed In every respect with the law OF tue
State ana with the Constitution.
THE CASE OF sPIRs.
As % the plea that August Spies had been COM
peled 70 give testimony against himself, the
that b. had asked 70 De placed upon the stand as
q witness In his own defense, and a. such he was
subject to cross-examination, and might 80 be
Tier loIe, no Federal question could be raised as
TO that point
THs PRIsoNERs' PROPERTY RIGHrs.
The point had been raised that the prisoners'
property rights had been violated; that their
houses had been broken into and their papers and
other private property taken without due process
been used as evidence against them.
The records Of the trial court, the
SulcI JuSllCc Sdlu ulu not snow LnoC the OeIenSe
had oo1ecJed to the admission OF the letter OF
Johanna Most upon thus ground, but permitted
The point could not, It was held, be made az
this time.
GEN. BurIER's POINT.
Upon the point made by Gen. Butler that Spies
and Ftelden, as foreigners, could not be deprived
OF certain rights and immunities insured them by
the Constitution, the Supreme Court held that AZ
this quest on had not been raised or decided In the
lower courts. IL couid not come to them In an
appeal
The prayer for . writ Of error was. therefore,
denied